^AS.OS* 


5.  R.  A.— B.  S.  34.  [ssued  Augusl    16.    1920. 

United  States  Department  of  Agriculture. 

BUREAU   OF   BIOLOGICAL    SURVEY. 

E.   W.    NELSON,   Chief  of  Bureau. 


SERVICE  AND  REGULATORY  ANNOUNCEMENTS. 


MIGRATORY  BIRD  TREATY,  ACT,  AND  REGULATIONS. 


CONVENTION  BETWEEN  THE  UNITED  STATES  AND  GREAT  BRIT- 
AIN FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS  IN  THE 
UNITED  STATES  AND  CANADA.2 

[39  Stat.,  1702.] 

BY  THE  PRESIDENT   OF  THE  UNITED   STATES   OF   AMERICA. 

A    PROCLAMATION. 

Whereas  a  convention  between  the  United  States  of  America  and 
the  United  Kingdom  of  Great  Britain  and  Ireland  for  the  protection 
of  migratory  birds  in  the  United  States  and  Canada  was  concluded 
and  signed  by  their  respective  plenipotentiaries  at  Washington,  on 
the  sixteenth  day  of  August,  one  thousand  nine  hundred  and  sixteen, 
the  original  of  which  convention  is  word  for  word  as  follows : 

Whereas  many  species  of  birds  in  the  course  of  their  annual  mi- 
grations traverse  certain  parts  of  the  United  States  and  the  Dominion 
of  Canada ;  and 

Whereas  many  of  these  species  are  of  great  value  as  a  source  of 
food  or  in  destroying  insects  which  are  injurious  to  forests  and  for- 
age plants  on  the  public  domain,  as  well  as  to  agricultural  crops,  in 
both  the  United  States  and  Canada,  but  are  nevertheless  in  danger 
of  extermination  through  lack  of  adequate  protection  during  the 
nesting  season  or  while  on  their  way  to  and  from  their  breeding 
grounds ; 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 

1  Including  amendments  of  the  regulations  approved  Oct.  25,  1918;  July  28,  1919; 
and  July  9,  1920. 

2  This  treaty  was  signed  on  Aug.  16,  ratified  by  the  Senate  Aug.  29,  by  the  President 
Sept.  1,  and  by  Great  Britain  Oct.  20;  ratifications  thereof  were  exchanged  Dee.  7.  and  it 
was  proclaimed  by  the  President  Doc.  8,  1916.  Constitutionality  of  the  treaty  and  act 
sustained  by  Supreme  Court  in  decision  of  Apr.  lit,  1920,  in  case  of  Stat'-  of  Missouri  v. 
Ray  P.   Holland. 

Canada,  by  an  act  of   I'arliamen^-rtppiuved  mW^/  ^Ur  Ptli^ave  ful1   ''^V'" 
vention,  and  promulgated  regulations  thereipyflfaliJffilvMrQ  ffiffi*  -| 

«22« — 20 1 


U.S.  DEPOSITORY 


2  BUREAU    OF    BIOLOGICAL    SURVEY.  [S.  R.  A. 

Dominions  beyond  the  Seas.  Emperor  of  India,  being  desirous  of 
saving  from  indiscriminate  slaughter  and  of  insuring  the  preserva- 
tion of  such  migratory  birds  as  are  either  useful  to  man  or  are  harm- 
less, have  resolved  to  adopt  some  uniform  system  of  protecton  which 
shall  effectively  accomplish  such  objects  and  to  the  end  of  concluding 
a  convention  for  this  purpose  have  appointed  as  their  respective 
Plenipotentiaries: 

The  President  of  the  United  States  of  America,  Robert  Lansing, 
Secretary  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Honorable  Sir  Cecil  Arthur 
Spring  Rice.  (t.  C.  V.  ()..  K.  C.  M.  G.,  etc..  His  Majesty's  Ambassador 
Extraordinary  and  Plenipotentiary  at  Washington: 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  adopted  the  following  articles: 

ARTICLE    I. 

The  High  Contracting  Powers  declare  that  the  migratory  birds  included  in 
the  terms  of  this  Convention  shall  be  as  follows : 

1.  Migratory  Game  Birds: 

(a)  Anatidae  or  waterfowl,  including  brant,  wild  dujks,  geese,  and  swans. 

(b)  Gruidae  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae  or  rails,  including  coots,  gallinules  and  sora  and  other  rails. 

(d)  Limicolae  or  shorebirds,  including  avocets.  curlew,  dowitchers,  godwits, 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  wilier,  woodcock  and  yellowlegs. 

(e)  Columbidae  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  Insectivorous  Birds :  Bobolinks,  catbirds,  chickadees,  cuckoos, 
flickers,  flycatchers,  grosbeaks,  humming  birds,  kinglets,  martins,  meadowlarks, 
nighthawks  or  bull  bats,  nut-hatches,  orioles,  robins,  shrikes,  swallows,  swifts, 
tanagers,  titmice,  thrushes,  vireos,  warblers,  wax-wings,  whippoorwills,  wood- 
peckers and  wrens,  and  all  other  perching  birds  which  feed  entirely  or  chiefly  on 
insects. 

3.  Other  Migratory  Nongame  Birds:  Auks,  auklets,  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shear- 
waters,  and  terns. 

ARTICLE   II. 

The  High  Contracting  Powers  agree  that,  ;is  an  effective  means  of  preserving 

migratory  birds  there  shall  be  established  the  following  close  seasons  during 
which  no  hunting  shall  be  done  except  for  scientific  or  propagating  purposes 
under  permits  issued  by  proper  authorities: 

1.  The  close  season  on  migratory  game  birds  shall  be  between  March  10  and 
September  1,  except  that  the  close  season  on  the  Limicolae  or  shorebirds  in  the 
Maritime  Provinces  of  Canada  and  in  those  Slates  of  the  United  States  border- 
ing on  the  Atlantic  Ocean  which  are  situated  wholly  or  in  part  north  of  Chesa- 
peake Bay  shall  be  between  February  1  and  August  1.1,  and  that  Indians  may 
take  at  any  lime  scolers  for  food  but  not  for  sale.  The  season  for  hunting 
shall    be    further    restricted    to   such    period    not    exceeding   three    and   one-half 


B.  S.  34.]  BUREAU    OF   BIOLOGICAL   SURVEY.  3 

months  as  the  High  Contracting  Powers  may  severally  do-in  appropriate 
define  by  law  or  regulation. 

2.  The  close  season  on  migratory  insectivorous  birds  shall  continue  throughout 
the   year. 

3.  The  close  season  on  other  migratory  nongame  birds  shall  continue  through- 
out the  year,  except  that  Eskimos  and  Indians  may  take  at  any  season  auks,  auk- 
guillemots,  murres  and  puffins,  and  their  eggs,  for  food  and  their  skin-  for 

clothing,  but  the  birds  and  eggs  so  taken  shall  not  be  sold  or  offered  for  sale. 

ARTICLE   III. 

The  High  Contracting  Powers  agree  that  during  the  period  of  ten  years  next 

following  the  going  into  effect  of  this  Convention,  there  shall  be  a  continuous 
close  season  on  the  following  migratory  game  birds,  to  wit: — 

Band-tailed  pigeons,  little  la-own.  sandhill  and  whooping  cranes,  swans,  curlew 
and  all  shorebirds  (except  the  black-breasted  and  golden  plover,  Wilson  or  jack 
snipe,  woodcock,  and  the  greater  and  lesser  yellowlegs)  ;  provided  that  during 
such  ten  years  the  close  seasons  on  cranes,  swans  and  curlew  in  the  Province 
of  British  Columbia  shall  be  made  by  the  proper  authorities  of  that  Province 
within  the  general  dates  and  limitations  elsewhere  prescribe;!  in  this  convention 
for  the  respective  groups  to  which  these  birds  belong. 

ARTICLE    IV. 

The  High  Contracting  Powers  agree  that  special  protection  shall  be  given  the 
wood  duck  and  the  eider  duck  either  (1)  by  a  close  season  extending  over  a 
period  of  at  least  five  years,  or  (2)  by  the  establishment  of  refuges,  or  i :'.  i  by 
such  other  regulations  as  may  be  deemed  appropriate. 

ARTICLE   V. 

The  taking  of  nests  or  eggs  of  migratory  game  or  insectivorous  or  nongame 
birds  shall  be  prohibited,  except  for  scientific  or  propagating  purposes,  under 
such  laws  or  regulations  as  the  High  Contracting  Powers  may  severally  deem 
appropriate. 

ARTICLE  VI. 

The  High  Contracting  Powers  agree  that  the  shipment  or  export  of  migratory 
birds  or  their  eggs  from  any  State  or  Province,  during  the  continuance  of  the 
close  season  in  such  State  or  Province,  shall  be  prohibited  except  for  scientific 
or  propagating  purposes,  and  the  international  traffic  in  any  birds  or  eggs  at 
such  time  captured,  killed,  taken,  or  shipped  at  any  time  contrary  to  the  laws 
of  the  State  or  Province  in  which  the  same  were  captured,  killed,  taken,  or 
shipped  shall  be  likewise  prohibited.  Every  package  containing  migratory  birds 
or  any  parts  thereof  or  any  eggs  of  migratory  birds  transported,  or  offered  for 
transportation  from  the  United  States  into  the  Dominion  of  Canada  or  from 
the  Dominion  of  Canada  into  the  United  States,  shall  have  the  name  and 
address  of  the  shipper  and  an  accurate  statement  of  the  contents  clearly  marked 
on  the  outside  of  such  package. 

ARTICLE   VII. 

Permits  to  kill  any  of  the  above-named  birds  which,  under  extraordinary 
conditions,  may  become  seriously  injurious  to  the  agricultural  or  other  Interests 
in  any  particular  community,  may  be  isstied  by  the  proper  authorities  of  th" 


4  BUREAU    OF   BIOLOGICAL   SURVEY.  [S.  R.  A. 

High  Contracting  Powers  under  suitable  regulations  prescribed  therefor  by 
them  respectively,  but  such  permits  shall  lapse,  or  may  be  canceled,  at  any 
time  when,  in  the  opinion  of  said  authorities,  tlie  particular  exigency  has 
passed,  and  no  birds  killed  under  this  article  shall  be  shipped,  sold,  or  offered 
for  sale. 

ARTICLE   VIII. 

The  High  Contracting  Powers  agree  themselves  to  take,  or  propose  to  their 
respective  appropriate  law-making  bodies,  the  necessary  measures  for  insuring 
the  execution  of  the  present  Convention. 

ARTICLE   IX. 

The  present  Convention  shall  be  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
His  Britannic  Majesty.  The  ratifications  shall  be  exchanged  at  Washington  as 
soon  as  possible  and  the  Convention  shall  take  effect  on  the  date  of  the  exchange 
of  the  ratifications.  It  shall  remain  in  force  for  fifteen  years,  and  in  the  event 
of  neither  of  the  High  Contracting  Powers  having  given  notification,  twelve 
months  before  the  expiration  of  said  period  of  fifteen  years,  of  its  intention  of 
terminating  its  operation,  the  Convention  shall  continue  to  remain  in  force  for 
one  year  and  so  on  from  year  to  year. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  Convention  in  duplicate  and  have  hereunto  affixed  their  seals. 
Done  at  Washington  this  sixteenth  day  of  August,  one  thousand 
nine  hundred  and  sixteen. 

[seal.]  Robert  Lansing, 

[seal.]  Cecil  Spring  Rice. 

And  whereas  the  said  Convention  has  been  duly  ratified  on  both 
parts,  and  the  ratification  of  the  two  Governments  were  exchanged 
in  the  City  of  Washington,  on  the  seventh  day  of  December,  one 
thousand  nine  hundred  and  sixteen; 

Now,  therefore,  be  it  known  that  I,  Woodrow  Wilson,  President 
of  the  United  States  of  America,  have  caused  the  said  Convention 
to  be  made  public,  to  the  end  that  the  same  and  every  article  and 
clause  thereof  may  be  observed  and  fulfilled  with  good  faith  by  the 
United  States  and  the  citizens  thereof. 

In  testimony  wmereof  I  have  hereunto  set  my  hand  and  caused 
the  seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington  this  eighth  day  of  December  in 
the  year  of  our  Lord  one  thousand  nine  hundred  and  six- 
[seal.]     teen,  and  of  the  Independence  of  the  United  States  of 
America  the  one  hundred  and  forty-first. 

Woodrow  Wilson. 
By  the  President : 
Robert  Lansing, 

Secretary  of  State. 


B.  S.  34.]  BUKEAU    OF   BIOLOGICAL   SURVEY.  £> 

MIGRATORY  BIRD  TREATY  ACT.3 

[Approved  July  3,  1918.     40  Stat.,  755.] 

AN  ACT  To  give  effect  to  the  convention  between  the  United  States  and  Great  Britain 
for  the  protection  of  migratory  birds  concluded  at  Washington,  August  sixteenth,  nine- 
teen hundred  and  sixteen,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled.  That  this  act  shall  be  known  by  the  short 
title  of  the  "  Migratory  Bird  Treaty  Act." 

Sec.  2.  That  unless  and  except  as  permitted  by  regulations  made  as  herein- 
after provided,  it  shall  be  unlawful  to  hunt,  take,  capture,  kill,  attempt  to  take, 
capture  or  kill,  possess,  offer  for  sale,  sell,  offer  to  purchase,  purchase,  deliver 
for  shipment,  ship,  cause  to  be  shipped,  deliver  for  transportation,  transport, 
cause  to  be  transported,  carry  or  cause  to  be  carried  by  any  means  what- 
ever, receive  for  shipment,  transportation  or  carriage,  or  export,  at  any  time 
or  in  any  manner,  any  migratory  bird,  included  in  the  terms  of  the  convention 
between  the  United  States  and  Great  Britain  for  the  protection  of  migratory 
birds  concluded  August  sixteenth,  nineteen  hundred  and  sixteen,  or  any  part, 
nest,  or  egg  of  any  such  bird. 

Sec.  3.  That  subject  to  the  provisions  and  in  order  to  carry  out  the  purposes 
of  the  convention,  the  Secretary  of  Agriculture  is  authorized  and  directed,  from 
time  to  time,  having  due  regard  to  the  zones  of  temperature  and  to  the  distri- 
bution, abundance,  economic  value,  breeding  habits,  and  times  and  lines  of 
migratory  flight  of  such  birds,  to  determine  when,  to  what  extent,  if  at  all,  and 
by  what  means,  it  is  compatible  with  the  terms  of  the  convention  to  allow 
hunting,  taking,  capture,  killing,  possession,  sale,  purchase,  shipment,  trans- 
portation, carriage,  or  export  of  any  such  bird,  or  any  part,  nest,  or  egg  thereof, 
and  to  adopt  suitable  regulations  permitting  and  governing  the  same,  in  accord- 
ance with  such  determinations,  which  regulations  shall  become  effective  when 
approved  by  the  President. 

Sec.  4.  That  it  shall  be  unlawful  to  ship,  transport,  or  carry,  by  any  means- 
whatever,  from  one  State,  Territory,  or  District  to  or  through  another  State, 
Territory,  or  District,  or  to  or  through  a  foreign  country,  any  bird,  or  any  part, 
nest,  or  egg  thereof,  captured,  killed,  taken,  shipped,  transported,  or  carried 
at  any  time  contrary  to  the  laws  of  the  State,  Territory,  or  District  in  which 
it  was  captured,  killed,  or  taken,  or  from  which  it  was  shipped,  transported, 
or  carried.  It  shall  be  unlawful  to  import  any  bird,  or  any  part,  nest,  or  egg 
thereof,  captured,  killed,  taken,  shipped,  transported,  or  carried  contrary  to 
the  laws  of  any  Province  of  the  Dominion  of  Canada  in  which  the  same  was 
captured,  killed,  or  taken,  or  from  which  it  was  shipped,  transported,  or 
carried. 

Sec.  5.  That  any  employee  of  the  Department  of  Agriculture  authorized  by 
the  Secretary  of  Agriculture  to  enforce  the  provisions  of  this  act  shall  have 
power,  without  warrant,  to  arrest  any  person  committing  a  violation  of  this 
act  in  his  presence  or  view  and  to  take  such  person  immediately  for  examina- 
tion or  trial  before  an  officer  or  court  of  competent  jurisdiction;  shall  have 
power  to  execute  any  warrant  or  other  process  issued  by  an  officer  or  courl 
of  competent  jurisdiction  for  the  enforcement  of  the  provisions  of*  this  act;  and 
shall  have  authority,  with  a  search  warrant,  to  search  any  place.  The  several 
judges  of  the  courts  established  under  the  laws  of   the   United    States,   and 

8  Constitutionality  of  act  sustained  by  Supreme  Court  in  decision  of  Apr.  19,  1920,  in 
case  of  State  of  Missouri  v.  Ray  P.   Holland. 

5228—20 2 


b  BUREAU    OF   BIOLOGICAL    SURVEY.  [S.  E.A. 

United  States  commissioners  may,  within  their  respective  jurisdictions,  upon 
proper  oath  or  affirmation  showing  probable  cause,  issue  warrants  in  all  such 
cases.  All  birds,  or  parts,  nests,  or  eggs  thereof,  captured,  killed,  taken, 
shipped,  transported,  carried,  or  possessed  contrary  to-  the  provisions  of  this  act 
or  of  any  regulations  made  pursuant  thereto  shall,  when  found,  be  seized  by  any 
such  employee,  or  by  any  marshal  or  deputy  marshal,  and  upon  conviction  of 
the  offender  or  upon  judgment  of  a  court  of  the  United  States  that  the  same  were 
captured,  killed,  taken,  shipped,  transported,  carried,  or  possessed  contrary  to 
the  provisions  of  this  act  or  of  any  regulation  made  pursuant  thereto,  shall  be 
forfeited  to  the  United  States  and  disposed  of  as  directed  by  the  court  having 
jurisdiction. 

Sec.  6.  That  any  person,  association,  partnership,  or  corporation  who  shall 
violate  any  of  the  provisions  of  said  convention  or  of  this  act,  or  who  shall 
violate  or  fail  to  comply  with  any  regulation  made  pursuant  to  this  act,  shall 
be  deemed  guilty  of  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  more  than  $500  or  be  imprisoned  not  more  than  six  months,  or  both. 

Sec.  7.  That  nothing  in  this  act  shall  be  construed  to  prevent  the  several 
States  and  Territories  from  making  or  enforcing  laws  or  regulations  not  in- 
consistent with  the  provisions  of  said  convention  or  of  this  act,  or  from  mak- 
ing or  enforcing  laws  or  regulations  which  shall  give  further  protection  to 
migratory  birds,  their  nests,  and  eggs,  if  such  laws  or  regulations  do  not  ex- 
tend the  open  seasons  for  such  birds  beyond  the  dates  approved  by  the  Presi- 
dent in  accordance  with  section  three  of  this  act. 

Sec  8.  That  until  the  adoption  and  approval,  pursuant  to  section  three  of  this 
act,  of  regulations  dealing  with  migratory  birds  and  their  nests  and  eggs,  such 
migratory  birds  and  their  nests  and  eggs  as  are  intended  and  used  exclusively 
for  scientific  or  propagating  purposes  may  be  taken,  captured,  killed,  possessed, 
sold,  purchased,  shipped,  and  transported  for  such  scientific  or  propagating 
purposes  if  and  to  the  extent  not  in  conflict  with  the  laws  of  the  State,  Terri- 
tory, or  District  in  which  they  are  taken,  captured,  killed,  possessed,  sold,  or 
purchased,  or  in  or  from  which  they  are  shipped  or  transported  if  the  packages 
containing  the  dead  bodies  or  the  nests  or  eggs  of  such  birds  when  shipped  and 
transported  shall  be  marked  on  the  outside  thereof  so  as  accurately  and  clearly 
to  show  the  name  and  address  of  the  shipper  and  the  contents  of  the  package. 

Sec  9.  That  the  unexpended  balances  of  any  sums  appropriated  by  the  agri- 
cultural appropriation  acts  for  the  fiscal  years  nineteen  hundred  and  seventeen 
and  nineteen  hundred  and  eighteen,  for  enforcing  the  provisions  of  the  act 
approved  March  fourth,  nineteen  hundred  and  thirteen,  relating  to  the  protec- 
tion of  migratory  game  and  insectivorous  birds,  are  hereby  reappropriated  and 
made  available  until  expended  for  the  expenses  of  carrying  into  effect  the 
provisions  of  this  act  and  regulations  made  pursuant  thereto,  including  the 
payment  of  such  rent,  and  the  employment  of  such  persons  and  means,  as  the 
Secretary  of  Agriculture  may  deem  necessary,  in  the  District  of  Columbia  and 
elsewhere,  cooperation  with  local  authorities  in  the  protection  of  migratory 
birds,  and  necessary  investigations  connected  therewith:  Provided,  That  no 
person  who  is  subject  to  the  draft  for  service  in  the  Army  or  Navy  shall  be 
exempted  or  excused  from  such  service  by  reason  of  his  employment  under 
this  act. 

Sec.  10.  Thai  if  any  clause,  sentence,  paragraph,  or  part  of  this  act  shall,  for 
any  reason,  be  adjudged  by  any  court  of  competent  jurisdiction  to  be  invalid, 
snch  judgment  Shall  not  affect,  impair,  or  invalidate  the  remainder  thereof,  but 
Shall  he  confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judgment  shall  have 
been  rendered. 


B.  S.  34.]  BUREAU    OF    BIOLOGICAL    SURVEY,  7 

Sec.  11.  That  all  acts  or  parts  of  act*  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

Sec.  12.  Nothing  in  this  act  shall  be  construed  to  prevent  the  breeding  of 
migratory  game  birds  on  farms  and  preserves  and  the  sale  of  birds  so  bred 
under  proper  regulation  for  the  purpose  of  increasing  the  food  supply. 

Sec.  13.  That  this  act  shall  become  effective  immediately  upon  its  passage 
and  approval. 

MIGRATORY-BIRD  TREATY  ACT  REGULATIONS. 

[As  approved  and  promulgated  by  the  President,  July  31,  1918,  and  amended  October  25, 
1918,  July  28,  1919,  and  July  9,  1920.] 

REGULATION    1.— DEFINITIONS   OF   MIGRATORY   BIRDS. 

Migratory  birds,  included  in  the  terms  of  the  convention  between  the  United 
States  and  Great  Britain  for  the  protection  of  migratory  birds,  concluded 
August  16,  1916,  are  as  follows : 

1.  Migratory  game  birds: 

(a)   Anatidae,  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 
(6  )    Gruidae,  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae,  or  rails,  including  coot,  gallinules,  and  sora  and  other  rails. 

(d)  Limicolae,  or  shorebirds,  including  avocets,  curlews,  dowitchers,  godwits. 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  willet,  woodcock,  and  yellowlegs. 

(e)  Columbidae,  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  insectivorous  birds:  Cuckoos;  flickers  and  other  woodpeckers; 
nighthawks  or  bull-bats  and  whip-poor-wills;  swifts:  hummingbirds;  flycatch- 
ers; bobolinks,  meadowlarks,  and  orioles:  grosbeaks;  tanagers;  martins  and 
other  swallows;  waxwings;  shrikes;  vireos :  warblers;  pipits;  catbirds  and 
brown  thrashers;  wrens:  brown  creepers;  nuthatches;  chickadees  and  titmice; 
kinglets  and  gnatcatchers ;  robins  and  other  thrushes;  and  all  other  perching 
birds  which  feed  entirely  or  chiefly  on  insects. 

3.  Other  migratory  nongame  birds:  Auks,  auklets,  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shear- 
waters, and  terns. 

[As  amended  July  9,   1920.] 

REGULATION   2.— DEFINITIONS  OF  TERMS. 

For  the  purposes  of  these  regulations  the  following  terms  shall  be  construed, 
respectively,  to  mean — 

Secretary. — The  Secretary  of  Agriculture  of  the  United  States. 

Person. — The  plural  or  the  singular,  as  the  case  demands,  including  indi- 
viduals, associations,  partnerships,  and  corporations,  unless  the  context  other- 
wise requires. 

Take. — The  pursuit,  hunting,  capture,  or  killing  of  migratory  birds  in  the 
manner  and  by  the  means  specifically  permitted. 

Open  season. — The  time  during  which  migratory  birds  may  be  taken. 

Transport. — Shipping,  transporting,  carrying,  exporting,  receiving  or  deliver- 
ing for  shipment,  transportation,  carriage,  or  export. 

REGULATION    3.— MEANS    BY    WHICH    MIGRATORY    GAME    BIRDS    MAY    BE    TAKEN. 

The  migratory  game  birds  specified  in  Regulation  4  hereof  may  be  taken  dur- 
ing the  open  season  with  a  gun  only,  not  larger  than  No.  10  gauge,  tired  from 
tlie  shoulder,  except   as  specifically   permitted   by    Regulations  7.  8.  0,   and    10 


8  BUREAU    OF   BIOLOGICAL    SURVEY.  [S.  R.  A. 

hereof;  they  may  be  taken  during  the  open  season  from  the  land  and  water, 
from  a  blind  or  floating  device   (other  than  an  airplane,  powerboat,  sailboat, 
any  boat  under  sail,  or  any  floating  device  towed  by  powerboat  or  sailboat), 
with  the  aid  of  a  dog,  and  the  use  of  decoys. 
[As  amended  July  28,  1919.] 

REGULATION    4.— OPEN    SEASONS    ON    AND   POSSESSION    OF    CERTAIN    MIGRATORY 

GAME   BIRDS. 

For  the  purpose  of  this  regulation,  each  period  of  time  herein  prescribed  as 
an  open  season  shall  be  construed  to  include  the  first  and  last  days  thereof. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gallinules, 
black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  woodcock,  Wil- 
son snipe  or  jacksnipe,  and  mourning  doves  may  be  taken  each  day  from  half 
an  hour  before  sunrise  to  sunset  during  the  open  seasons  prescribed  therefor 
in  this  regulation,  by  the  means  and  in  the  numbers  permitted  by  Regulations 
3  and  5  hereof,  respectively,  and  when  so  taken,  may  be  possessed  any  day  in 
any  State,  Territory,  or  District  during  the  period  constituting  the  open  season 
where  killed  and  for  an  additional  period  of  10  days  next  succeeding  said  open 
season,  but  no  such  birds  shall  be  possessed  in  a  State,  Territory,  or  District  at 
a  time  when  such  State,  Territory,  or  District  prohibits  the  possession  thereof. 

Waterfoivl  (except  wood  cluck,  eider  ducks,  and  swans),  coot,  gallinules,  and 
Wilson  snipe  or  jacksnipe. — The  open  seasons  for  waterfowl  (except  wood  duck, 
eider  ducks,  and  swans),  coot,  gallinules,  and  Wilson  snipe  or  jacksnipe  shall 
be  as  follows  : 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  New  York  (except  Long 
Island).  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan,  Wis- 
consin, Illinois,  Minnesota,  Iowa,  Missouri,  North  Dakota,  South  Dakota,  Ne- 
braska, Kansas,  Colorado,  Wyoming,  Montana,  Idaho,  Nevada,  and  that  portion 
of  Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade  Mountains 
the  open  season  shall  be  from  September  16  to  December  31 ; 

In  Rhode  Island,  Connecticut,  Utah,  and  that  portion  of  Oregon  and  Wash- 
ington lying  west  of  the  summit  of  the  Cascade  Mountains  the  open  season  shall 
be  from  October  1  to  January  15 ; 

In  that  portion  of  New  York  known  as  Long  Island,  and  in  New  Jersey,  Dela- 
ware, Oklahoma,  Texas,  New  Mexico,  Arizona,  and  California  the  open  season 
shall  be  from  October  16  to  January  31 ; 

In  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina,  South  Caro- 
lina, Georgia,  Florida,  Alabama,  Mississippi,  Tennessee,  Arkansas,  and  Louisi- 
ana the  open  season  shall  be  from  November  1  to  January  31 ;  and 

In  Alaska  the  open  season  shall  be  from  September  1  to  December  15. 

Rails  {except  coot  and  gallinules) . — The  open  season  for  sora  and  other  rails 
(except  coot  and  gallinules)  shall  be  from  September  1  to  November  30,  except 
as  follows: 

In  Louisiana  the  open  season  shall  be  from  November  1  to  January  31. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs. — The  open 
seasons  for  black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs 
shall  be  as  follows: 

In  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Delaware,  Maryland,  and  Virginia  the  open  season  shall  be 
from  August  16  to  November  30; 

In  the  District  of  Columbia,  North  Carolina,  South  Carolina,  Tennessee, 
Arkansas,  Oklahoma,  Texas,  New  Mexico,  Arizona,  California,  and  Alaska  the 
open  season  shall  be  from  September  1  to  December  15 ; 


B.8.34.]  BUREAU    OF    BIOLOGICAL    SXJKVEY.  9 

In  Vermont.  Pennsylvania.  Ohio.  West  Virginia,  Kentucky,  Indiana,  Michigan, 
Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South  Dakota, 
Nebraska.  Kansas.  Colorado,  Wyoming,  Montana.  Idaho,  Nevada,  and  that  por- 
tion of  Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade  Moun- 
tains the  open  season  shall  be  from  September  16  to  December  31 ; 

In  Utah  and  in  that  portion  of  Oregon  and  Washington  lying  west  of  the 
summit  of  the  Cascade  Mountains  the  open  season  shall  be  from  October  1  to 
January  15  ;  and 

In  Georgia,  Florida,  Alabama,  Mississippi,  and  Louisiana  the  open  season 
shall  be  from  November  1  to  January  31. 

Woodcock. — The  open  seasons  for  woodcock  shall  be  as  follows  : 

In  Maine.  New  Hampshire,  Vermont,  Massachusetts,  Rhode  Island,  Connecti- 
cut, New  York,  New  Jersey.  Pennsylvania,  Ohio.  West  Virginia,  Kentucky, 
Indiana.  Michigan,  Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Da- 
kota, South  Dakota,  Nebraska,  and  Kansas  the  open  season  shall  be  from 
October  1  to  November  30;  and 

In  Delaware.  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina, 
South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi.  Tennessee.  Arkansas, 
Louisiana,  Texas,  and  Oklahoma  the  open  season  shall  be  from  November  1  to 
December  31. 

Doves. — The  open  seasons  for  mourning  cloves  shall  be  as  follows: 

In  Delaware  Maryland,  Virginia,  Tennessee,  Kentucky.  Ohio,  Indiana,  Illi- 
nois, Minnesota.  Nebraska.  Kansas.  Missouri,  Arkansas,  Oklahoma,  Texas.  New 
Mexico,  Colorado.  Utah,  Arizona.  California.  Nevada.  Idaho,  and  Oregon  the 
open  season  shall  be  from  September  1  to  December  15;  and 

In  North  Carolina,  South  Carolina.  Georgia,  Florida.  Alabama,  Louisiana, 
and  Mississippi  the  open  sen  son  shall  be  from  October  16  to  January  31. 

[As  amended  October  25,  1918,  July  28,   1919,  and  July  9,  1920.] 

REGULATION   5.— BAG   LIMITS   ON    CERTAIN   MIGRATORY   GAME    BIRDS. 

A  person  may  take  in  any  one  day  during  the  open  seasons  prescribed  there- 
for in  Regulation  4  not  to  exceed  the  following  numbers  of  migratory  game 
birds : 

Ducks  (except  wood  duck  and  eider  ducks). — Twenty-five  in  the  aggregate  of 
all  kinds. 

Geese. — Eight  in  the  aggregate  of  all  kinds. 

Brant. — Eight. 

Rails,  coot,  and  gallinules  (except  sora). — Twenty-five  in  the  aggregate  of  all 
kinds. 

Sora.— Fifty. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yellotclegs. — Fifteen 
in  the  aggregate  of'all  kinds, 

Wilson  snipe,  or  jacksnipe. — Twenty-five. 

Woodcock. — Six. 

Doves   ( mourning) . — Twenty-five. 

[As  amended  October  25,  1918,  and  July  28.  1919.] 

REGULATION    6.— SHIPMENT,    TRANSPORTATION,    AND    POSSESSION    OF    CERTAIN 

MIGRATORY  GAME  BIRDS. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swansi.  rails,  cool,  galli- 
nules.  black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  wood- 
cock, Wilson  snipe  or  jacksnipe,  and  mourning  doves  and  parts  thereof  legally 
taken  may  be  transported  in  or  out  of  the  State  where  taken  during  the  respec- 


10  BUEEAU    OF    BIOLOGICAL    SURVEY.  [S.  R.  A. 

tive  open  seasons  in  that  State,  and  may  he  imported  from  Canada  during  the 
open  season  in  the  Province  where  taken,  in  any  manner,  bin  not  more  than 
the  number  thereof  that  may  be  taken  in  two  days  by  one  person  under  these 
regulations  shall  be  transported  by  one  person  in  one  calendar  week  out  of  the 
State  where  taken:  any  such  migratory  game  birds  or  parts  thereof  in  transit 
during  the  open  season  may  continue  in  transit  such  additional  time  immediately 
succeeding  such  open  season,  not  to  exceed  live  days,  necessary  to  deliver  the 
same  to  their  destination,  and  nay  be  possessed  in  any  State,  Territory,  or 
District  during  the  period  constituting-  the  open  season  where  killed,  and  for 
an  additional  period  of  ten  days  next  succeeding  said  open  season  ;  and 
any  package  in  which  migratory  game  birds  or  parts  thereof  are  transported 
shall  have  the  name  and  address  of  the  shipper  and  of  the  consignee  and  an 
accurate  statement  of  the  numbers  and  kinds  of  birds  contained  therein 
clearly  and  conspicuously  marked  on  the  outside  thereof;  but  no  such  birds 
shall  be  transported  from  any  State,  Territory,  or  District  to  or  through  an- 
other State,  Territory,  or  District,  or  to  or  through  a  Province  of  the  Domin- 
ion of  Canada  contrary  to  the  laws  of  the  State,  Territory,  or  District,  or 
Province  of  the  Dominion  of  Canada  in  which  they  were  taken  or  from  which 
they  are  transported;  nor  shall  any  such  birds  be  transported  into  any  State, 
Territory,  or  District  from  another  State,  Territory,  or  District,  or  from  any 
State.  Territory,  or  District  into  any  Province  of  the  Dominion  of  Canada 
at  a  time  when  such  State,  Territory,  or  District,  or  Province  of  the  Dominion 
of  Canada  prohibits  the  possession  or  transportation  thereof. 
[As  amended  October  25,  1918,  and  July  9,  1920.] 

REGULATION   7.— TAKING  OF  CERTAIN  MIGRATORY  NONGAME   BIRDS   BY  ESKIMOS 
AND  INDIANS  IN   ALASKA. 

in  Alaska  Eskimos  and  Indians  may  take  for  the  use  of  themselves  and  their 
immediate  families,  in  any  manner  and  at  any  time,  and  possess  and  transport 
auks,  auklets,  guillemots,  murres,  and  puffins  and  their  eggs  for  food,  and  their 

skins  Tor  clothing. 

REGULATION    8.— PERMITS    TO    PROPAGATE    AND    SELL    MIGRATORY    WATERFOWL. 

1.  A  person  may  take  in  any  manner  and  at  any  time  migratory  waterfowl 
and  their  eggs  for  propagating  purposes  when  authorized  by  a  permit  issued  by 
the  Secretary.  Waterfowl  and  their  eggs  so  taken  may  be  possessed  by  the 
permittee  and  may  be  sold  and  transported  by  him  for  propagating  purposes  to 
any  person  holding  a  permit  issued  by  the  Secretary  in  accordance  with  the  pro- 
visions of  t  bis  regulation. 

2.  A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess,  buy. 
sell,  and  transporl  migratory  waterfowl  and  their  increase  and  eggs  in  any 
manner  and  at  any  time  for  propagating  purposes;  and  migratory  waterfowl, 
except  the  birds  taken  under  paragraph  1  of  this  regulation,  so  possessed  may 
be  killed  by  him  at  any  time,  in  any  manner,  except  that  they  may  be  killed 
by  shooting  only  during  the  open  season  for  waterfowl  in  the  State  where 
killed,  and  1  be  ca  rcasses,  with  beads  and  feel  attached  thereto,  of  the  birds  St 
killed  may  be  sold  and  transported  by  him  in  any  manner  and  at  any  time  to 
any  person  for  actual  consumption,  or  to  the  keeper  of  a  hotel,  restaurant,  or 
boarding  bouse,  retail  dealer  in  meal  or  game,  or  a  club,  for  sale  or  service  to 
their  patrons,  who  may  possess  such  carcasses  for  actual  consumption  without 
a  permit,  but  no  migratory  waterfowl  killed  by  shooting  shall  be  bought  or  sold 
unless  each  bird  before  attaining  the  age  of  four  weeks  shall  have  had  removed 


B.  S.  34.]  BUREAU    OF    BIOLOGICAL    SURVEY.  11 

from  the  web  of  one  foot  a  portion  thereof- in  the  form  of  a  "  V  "  large  enough 
to  make  a  permanent  well-defined  mark,  which  shall  be  sufficient  to  identify 
it  as  a  bird  raised  in  domestication  under  a  permit. 

3.  Any  package  in  which  such  waterfowl  or  parts  thereof  or  their  eggs  are 
transported  shall  have  plainly  and  conspicuously  marked  on  the  outside  thereof 
the  name  and  address  of  the  permittee,  the  number  of  his  permit,  the  name 
and  address  of  the  consignee,  and  an  accurate  statement  of  the  number  and 
kinds  of  birds  or  eggs  contained  therein. 

4.  Applications  for  permits  must  be  addressed  to  the  Secretary  of  Agricul- 
ture, Washington.  D.  C,  and  must  contain  the  following  information:  Name 
and  address  of  applicant;  place  where  the  business  is  to  be  carried  on;  number 
of  acres  of  land  used  in  the  business  and  whether  owned  or  leased  by  the  ap- 
plicant; number  of  each  species  of  waterfowl  in  possession  of  applicant;  names 
of  species  and  number  of  birds  or  eggs  of  each  species  if  permission  is  asked 
to  take  waterfowl  or  their  eggs;  and  the  particular  locality  where  it  is  desired 
to  take  such  waterfowl  or  eggs. 

5.  A  person  granted  a  permit  under  this  regulation  shall  keep  books  and 
records  which  shall  correctly  set  forth  the  total  number  of  each  species  of 
waterfowl  and  their  eggs  possessed  on  the  date  of  application  for  the  permit 
and  on  the  first  day  of  January  next  following;  also  for  the  calendar  year  for 
which  permit  was  issued  the  total  number  of  each  species  reared  and  killed, 
number  of  each  species  and  their  eggs  sold  and  transported,  manner  in  which 
such  waterfowl  and  eggs  were  transported,  name  and  address  of  each  person 
from  or  to  whom  waterfowl  and  eggs  were  purchased  or  sold,  together  with 
number  and  species  and  whether  sold  alive  or  dead;  and  the  date  of  each 
transaction.  A  written  report  correctly  setting  forth  this  information  shall 
be  furnished  the  Secretary  during  the  month  of  January  next  following  the 
issuance  of  the  permit. 

6.  A  permittee  shall  at  all  reasonable  hours  allow  any  authorized  employee 
of  the  United  States  Department  of  Agriculture  to  enter  and  inspect  the  prem- 
ises where  operations  are  being  carried  on  under  this  regulation  and  to  inspect 
the  books  and  records  of  such  permittee  relating  thereto. 

7.  Permits  issued  under  this  regulation  shall  be  valid  only  during  the  calen- 
dar year  of  issue,  shall  not  be  transferable,  and  may  be  revoked  by  the  Secre- 
tary, if  the  permittee  violates  any  of  the  provisions  of  the  Migratory  Bird 
Treaty  Act  or  of  the  regulations  thereunder. 

8.  A  person  engaged  in  the  propagation  of  migratory  waterfowl  on  the  date 
on  which  these  regulations  become  effective  will  be  allowed  until  September  30, 
1918,  to  apply  for  the  permit  required  by  this  regulation,  but  he  shall  not  take 
any  migratory  waterfowl  without  a  permit. 

[As  amended  October  25,  1918,  and  July  9,  1920.] 

REGULATION    9.— PERMITS    TO    COLLECT    MIGRATORY    BIRDS    FOR    SCIENTIFIC 

PURPOSES. 

A  person  may  take  in  any  manner  and  at  any  time  migratory  birds  and  their 
nests  and  eggs  for  scientific  purposes  when  authorized  by  a  permit  issued  by 
the  Secretary,  which  permit  shall  be  carried  on  his  person  when  he  is  collecting 
specimens  thereunder  and  shall  be  exhibited  to  any  person  requesting  to  sec  the 
same. 

Application  for  a  permit  must  be  addressed  to  ll)''  Secretary  of  Agriculture, 
Washington.  D.  C,  and  must  contain  the  following  information  :  Name  and  ad- 
dress of  applicant  and  name  of  State,  Territory,  or  District  in  which  specimens 


12  BUREAU   OF   BIOLOGICAL   SURVEY.        [S.  R.  A.— B.  S.  34] 

are  proposed  to  be  taken  and  the  purpose  for  which  they  are  intended.  Each 
application  shall  be  accompanied  by  certificates  from  two  well-known  ornithol- 
ogists that  the  applicant  is  a  fit  person  to  be  intrusted  with  a  permit. 

The  permit  will  authorize  the  holder  thereof  to  possess,  buy,  sell,  and  trans- 
port in  any  manner  and  at  any  time  migratory  birds,  parts  thereof,  and  their 
nests  and  eggs  for  scientific  purposes.  Public  museums,  zoological  parks  and 
societies,  and  public  scientific  and  educational  institutions  may  possess,  buy, 
.sell,  and  transport  in  any  manner  and  at  any  time  migratory  birds  and  parts 
thereof,  and  their  nests  and  eggs  for  scientific  purposes  without  a  permit,  but  no 
specimens  shall  be  taken  without  a  permit.  The  plumage  and  skins  of  migratory 
game  birds  legally  taken  may  be  possessed  and  transported  by  a  person  with- 
out a  permit. 

A  taxidermist  when  authorized  by  a  permit  issued  by  the  Secretary  may 
possess,  buy,  sell,  and  transport  in  any  manner  and  at  any  time  migratory 
birds  and  parts  thereof  legally  taken. 

Permits  shall  be  valid  only  during  the  calendar  year  of  issue,  shall  not  be 
transferable,  and  shall  be  revocable  in  the  discretion  of  the  Secretary.  A 
person  holding  a  permit  shall  report  to  the  Secretary  on  or  before  January 
10  following  its  expiration  the  number  of  skins,  nests,  or  eggs  of  each  species 
collected,  bought,  sold,  or  transported. 

Every  package  in  which  migratory  birds  or  their  nests  or  eggs  are  transported 
shall  have  clearly  and  conspicuously  marked  on  the  outside  thereof  the  name 
and  address  of  the  sender,  the  number  of  the  permit  in  every  case  when  a  per- 
mit is  required,  the  name  and  address  of  the  consignee,  a  statement  that  it 
contains  specimens  of  birds,  their  nests,  or  eggs  for  scientific  purposes,  and. 
whenever  such  a  package  is  transported  or  offered  for  transportation  from  the 
Dominion  of  Canada  into  the  United  States  or  from  the  United  States  into  the 
Dominion  of  Canada,  an  accurate  statement  of  the  contents. 

[As  amended  October  25,  1918.] 

REGULATION  10.— PERMITS  TO  KILL  MIGRATORY  BIRDS  INJURIOUS  TO  PROPERTY. 

When  information  is  furnished  the  Secretary  that  any  species  of  migratory 
bird  has  become,  under  extraordinary  conditions,  seriously  injurious  to  agri- 
culture or  other  interests  in  any  particular  community,  an  investigation 
will  be  made  to  determine  the  nature  and  extent  of  the  injury,  whether  the 
birds  alleged  to  be  doing  the  damage  should  be  killed,  and,  if  so,  during  -what 
times  and  by  what  means.  Upon  his  determination  an  appropriate  order  will 
be  made. 

REGULATION  11.— STATE  LAWS  FOR  THE  PROTECTION   OF  MIGRATORY  BIRDS. 

Nothing  in  these  regulations  shall  be  construed  to  permit  the  taking,  posses- 
sion, sale,  purchase,  or  transportation  of  migratory  birds,  their  nests,  and  eggs 
contrary  to  the  laws  and  regulations  of  any  State,  Territory,  or  District  made 
for  the  purpose  of  giving  further  protection  to  migratory  birds,  their  nests,  and 
eggs  when  such  laws  and  regulations  are  not  inconsistent  with  the  convention 
between  the  United  States  and  Great  Britain  for  the  protection  of  migratory 
birds  concluded  August  16,  1916,  or  the  migratory  bird  treaty  act  and  do  not: 
extend  the  open  seasons  for  such  birds  beyond  the  dates  prescribed  by  these 
regulations. 

[Added  by  proclamation  of  October  25,  1918,  as  amended  July  9,  1920.] 

WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :   192) 
UNIVERSITY  OF  FLORIDA 

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